MUTUAL WAIVERS Sample Clauses

MUTUAL WAIVERS. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Professional, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement.

MUTUAL WAIVERS. 1. To the extent permitted by Law, Tenant waives and releases the Landlord Protected Parties, Landlord’s Agent, and Landlord’s contractors, subcontractors and servants from all claims for damage to property and injuries to persons sustained by Tenant or any occupant of the Building or Premises relating to: (a) the Building or Premises or any part of either or any equipment or appurtenance becoming out of repair; (b) any accident in or about the Building; or (c) directly or indirectly, any act or neglect of any tenant or occupant of the Building or of any other person but the foregoing shall not be deemed to release any Landlord Protected Parties, Landlord’s Agent or Landlord’s contractors, subcontractors or servants from their own negligence or willful misconduct (except as waived under Section 10(C) hereof) or from any breach of the provisions of this Lease. 2. To the extent permitted by Law, Landlord waives and releases Tenant and Tenant’s agents, contractors, subcontractors, servants, subtenants and assignees from all claims for damage to property and injuries to persons sustained by Landlord or any occupant of the Building or Premises relating to: (a) the Premises or any equipment therein or appurtenance thereto becoming out of repair; (b) any accident in or about the Building; or (c) directly or indirectly, any act or neglect of any tenant or occupant of the Building or of any other person but the foregoing shall not be deemed to release any of Tenant and Tenant’s agents, contractors, subcontractors, servants, subtenants or assignees from their own negligence or willful misconduct (except as waived under Section 10(C) hereof) or from any breach of the provisions of this Lease. 3. This Section shall apply especially, but not exclusively, to damage caused by the flooding of basements or other subsurface areas, refrigerators, sprinkling devices, air-conditioning apparatus, water, snow, frost, steam, excessive heat or cold, falling plaster, broken glass, sewage, gas, odors or noise, or the bursting or leaking of pipes or plumbing fixtures, and shall apply equally whether the damage results from the act or neglect of other tenants of the Building or of any other person and whether that damage caused or resulted from any thing or circumstance above mentioned or referred to, or any other thing or circumstance, whether of a like or of a wholly different nature.

MUTUAL WAIVERS. Landlord and Tenant release each other from any liability for loss or damage by fire or other casualty covered by a standard form of property insurance, whether or not the loss or damage resulted from the negligence of the other party, its agents or employees. Each party will obtain policies of insurance providing that this release will not adversely affect the rights of the insureds under the policies.

MUTUAL WAIVERS. Each party hereto hereby waives any and every claim which arises or which may arise in its favor and against the other party hereto, and such parties’ parent, subsidiaries and Affiliates, during the Term of this Agreement or any extension or renewal thereof for any and all loss of, or damage to, any of its property located within or upon or constituting a part of any Community or resulting from the operations thereof, to the extent that such loss of damage is coverable under an insurance policy or policies and to the extent such policy of policies contain provisions permitting such waiver of claims. Each party shall use all commercially reasonable efforts to cause its insurers to issue policies containing such provisions.

MUTUAL WAIVERS. To the fullest extent permitted by law, Client and Consultant (1) waive against each other, and the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Consultant’s total liability to Client and to all construction contractors and subcontractors on construction related to any services provided, due to Consultant's negligent acts, errors, or omissions, shall be limited to $250,000.

MUTUAL WAIVERS. Landlord and Tenant hereby waive any rights they may have against each other on account of any loss of damage occasioned to Landlord or Tenant, as the case may be, their property, the Premises, its contents, or arising from any risk covered by fire and extended coverage insurance. The parties hereto each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that it may have against Landlord or Tenant, as the case may be. This release shall be effective only so long as the applicable insurance policies contain a clause to the effect that this release shall not affect the right of the insured to recover under such policies. Each party agrees that its insurance policies will include such a clause only for so long as it is includable without extra cost or, if extra cost is chargeable therefor, only so long as the other party pays such extra cost. If extra cost is chargeable therefor, the party will advise the other of the amount thereof and the other party may, but shall not be obligated to, pay such charge.

MUTUAL WAIVERS. Landlord and Tenant hereby waive any rights each may have against the other on account of any loss or damage occasioned to the property of Landlord or Tenant, as the case may be, arising from any risk generally covered by fire and extended coverage insurance, provided that such waiver does not invalidate such policies or prohibit recovery thereunder. The parties hereto each, on behalf of their respective insurance companies insuring the property of either Landlord or Tenant against any such loss, waive any right of subrogation that such insurer or insurers may have against Landlord or Tenant, as the case may be. Tenant and Landlord shall each use its best efforts to obtain such waiver from its insurers.

MUTUAL WAIVERS. The Distributor, by virtue of and in consideration of the obligations and commitments assumed hereby by the Granting Authority and under the conditions contemplated in this agreement, expressly waives, with respect to the Granting Authority and EPRE, to any administrative or judicial claim -filed or not- for "Unearned Income" (i.e., income claimed in the

MUTUAL WAIVERS. Effective as of the Closing and excluding claims for breach of this Agreement, each of ▇▇▇▇▇▇▇ and ▇▇▇▇▇ hereby grants, gives and extends to the Seller a complete and total waiver and release of any and all claims, known or unknown, matured or unmatured, that ▇▇▇▇▇▇▇ or ▇▇▇▇▇ may have or may be said to have against the Seller and arising prior to the date of the Closing. For greater clarity, and by way of illustration and not limitation, ▇▇▇▇▇▇▇ and/or ▇▇▇▇▇ will have no right to assert any claim for breach of loyalty against any management or director of BayHill and none of ▇▇▇▇▇▇▇ or ▇▇▇▇▇ will have any right to assert any claim for failure to capitalize or failure to provide support the Company or ▇▇▇▇▇ and/or ▇▇▇▇▇▇▇. Effective as of the Closing and excluding claims for breach of this Agreement, BayHill, for itself and on behalf of its predecessor entities, successor entities, subsidiaries, officers, directors, employees, stockholders, agents and representatives and their respective successors and assigns, hereby grants, gives and extends to each of ▇▇▇▇▇▇▇ and ▇▇▇▇▇ a complete and total waiver and release of any and all claims, known or unknown, matured or unmatured, that BayHill may have or may be said to have against ▇▇▇▇▇▇▇, ▇▇▇▇▇ or the Company, as applicable, and arising prior to the date of the Closing. For greater clarity, and by way of illustration and not limitation, none of Seller or its predecessor entities, successor entities, subsidiaries, officers, directors, employees, stockholders, agents and representatives and their respective successors and assigns will have any right to assert any claim for breach of loyalty or fiduciary duty against ▇▇▇▇▇▇▇ or ▇▇▇▇▇. This mutual waiver extends to claims which either Party may have or may be said to have against the other Party or any officer or director of the other Party. Hereafter, any dispute between the Parties may only arise on or out of this Agreement, all other claims having been compromised and settled by the mutual waivers and terms hereof.